2. Circumstances favorable to judgment on the grounds of appeal: The defendant shows his attitude to recognize and reflect the crime of this case.

In the investigation stage, the defendant paid 2 million won to the victim at the investigation stage, and the victim does not want to punish the defendant.

There seems to be some circumstances to consider the background of the instant crime.

Unfavorable circumstances: Defendant was sentenced to two years of suspended sentence on December 10, 2015 due to the crime of injury on December 10, 2015, and the judgment became final and conclusive on December 18, 2015, and committed the instant crime without being aware of the fact that he was under suspended sentence.

There is a history that the defendant has been punished by a majority (two times of suspended execution, and seven times of fine) for the same crime.

In light of the aforementioned favorable circumstances, the Defendant’s age, character and behavior environment including unfavorable circumstances, relationship with the victim, motive means of crime, results of crime, circumstances after crime, etc., various sentencing conditions indicated in the arguments and records of this case, and the scope of recommended sentences according to the sentencing guidelines (the type of imprisonment between February and year / [the type] (the person who is subject to special mitigation] under the first type [the person subject to special mitigation] [the scope of recommended punishment] under the mitigated area of punishment (the scope of punishment between February and year 1), it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.